C.T. Sheet Metal Works Pty Ltd v Hutchinson [2012] FCA 17

FEDERAL COURT OF AUSTRALIA

C.T. Sheet Metal Works Pty Ltd v Hutchinson [2012] FCA 17 Citation: C.T. Sheet Metal Works Pty Ltd v Hutchinson [2012] FCA 17

Parties: C.T. SHEET METAL WORKS PTY LTD ACN 095 361 836 and CLOSETRADE PTY LTD ACN 123 094 084 v NORMAN HUTCHINSON, ROSEMARY HUTCHINSON, ALL ELECTRICAL TRADING PTY LTD ACN 138 482 078, GERT VAN VUUREN, AMALGAMATED ENTERPRISES PTY LTD ACN 139 626 903, PAUL GOODRIDGE, PAC ENTERPRISES PTY. LTD. ACN 095 369 716, RON BATTISTELLA, EEGIT PTY LTD ACN 136 798 171, ADRIAN BROWN and SWB ACCESSORIES PTY LTD ACN 140 542 022 (sic – ACN 140 543 022)

File number: QUD 258 of 2009

Judge: REEVES J

Date of judgment: 19 January 2012

Catchwords: PRACTICE AND PROCEDURE – principal solicitor of the firm acting for the applicants gave an undertaking to the Court not to disclose any information obtained as a result of executing an Anton Piller search order – principal solicitor of the firm disclosed possible breach to the Court on his own initiative – no affected party wished to pursue the matter – consideration of Practice Notes relating to Anton Piller orders – whether solicitor in the employ of the firm breached the undertaking – breach of undertaking occurred – responsibility of principal solicitor – considerations of what action the Court should take upon finding a breach of undertaking – Court has discretion to order the Registrar to bring proceedings for contempt of court – discretion not exercised Held: undertaking given by the principal solicitor of the firm acting for the applicants was breached